Noncompliance - Exemptions

An instance of noncompliance is not applicable if the county determines that the individual was exempt at the time, he or she noncomplied with WTW program requirements.

Exemption Prior to Sanction

In cases where an EC receives appropriate verification of an exemption that occurred prior to the implementation of a sanction, that sanction is not counted. The sanction is rescinded and the exemption effective date is effective back to the effective date of the sanction.

The steps below outline processing an exemption request in this type of situation:

Stage	Who	Action
1.	Client	Brings verification to the EC of the exemption.
2.	EC	Reviews the documentation on the "Authorization to Release Medical Information" (CW 61). Documents the date that the client will be exempt on the Journal Detail page in CalSAWS.
3.	CWES Supervisor/Lead	Makes entries in CalSAWS to rescind the sanction. Notifies the EW via email that the client should not be sanctioned and to restore the benefits as of the sanction start date.
4.	EW	Runs EDBC.

ExampleExample

Exemption While Serving a Sanction

A client who becomes exempt while serving a sanction MUST provide the EC with a CW 61 or other doctor’s statement before cash aid is restored. The sanction will count. Cash aid will be restored the first of the month following the receipt of the verification. [Refer to "Noncompliance Process Guidance/Participant's Sanction is Cured Due to an Exemption" for additional information.]

The steps below outline processing an exemption request in this type of situation:

Stage	Who	Action
1.	Client	Brings verification to the EC of the exemption.
2.	EC	Reviews the documentation on the "Authorization to Release Medical Information" (CW 61). Documents the date that the client will be exempt on the Journal Detail page in CalSAWS.
3.	CWES Supervisor/Lead	Makes entries in CalSAWS to cure the sanction. Notifies the EW via email to lift sanction.
4.	EW	Runs EDBC.

 

Note: When a client contacts the EW to lift a sanction, the EW can lift a sanction if the client becomes exempt while serving a sanction; however, before lifting the sanction, the EW must notify the EC so that the EC can enter on the WTW Status Detail page a Program Status of Sanction with Status Reason of Sanction Cured before lifting.

Request For Retroactive Disability Exemption

The steps below outline the processing a request for a retroactive disability exemption for curing a WTW Sanction:

A. The Client:

• Brings verification of disability exemption to the EC.

B. The EC:

• Reviews documentation including the CW 61.
• Performs case review that includes the following questions:

 

C. The CWES Supervisor/Lead:

• Makes entries in CalSAWS to cure the sanction.
• Notifies the EW via email to lift the sanction and run EDBC.
• Forwards case to the Centralized Exemptions Unit to process exemption.

Note: Once the sanction has been lifted, the supervisor will follow the process for the implementation of the medical exemption through the Centralized Exemptions Bank and the AG9 Unit Exemption Team. All CWES exemptions are processed by the Exemption team.

D. The EW:

• Runs EDBC.
• Issues supplemental CalWORKs payments for retroactive months.

Refer to Tracking Medical Exemptions and Exempt Cases Not Known to CWES for tracking of medical exemptions.

Example 1

On October 1, Ms. Smith informs the County that she has become ill and is unable to participate in WTW activities. The County sends Ms. Smith the CW 2186A and CW 61. On October 12, Ms. Smith submits a doctor’s note to the County which states she has a disability that impairs her ability to work or participate in WTW activities, and that she is now working with her doctor to create a plan to treat her condition. The worker then asks Ms. Smith to request from her doctor the expected time period the disability will last, or to sign a release for the County to request this information directly from the doctor. She chooses to sign a release. There is a delay by the doctor’s office in returning the requested verification to the County. On December 15, the County is able to verify that the condition is expected to last for the next six months.

The County grants the exemption and adds months back to Ms. Smith’s CalWORKs 60-month time limit retroactively up to October (October, November and December would be “un-ticked”).

Note: If granting of the disability exemption results in the client no longer being sanctioned and being added back to the AU, months that were not counted towards the client’s CalWORKs 60-month time limit due to sanction remain uncounted due to the disability exemption.

Example 2

Ms. Johnson has been sanctioned since June 1, due to failing to participate in Supervised Job Search. On November 15, Ms. Johnson brings in a note from her psychologist stating that she is suffering from a condition that impairs her ability to participate in WTW activities. The psychologist also states that he/she began treating Ms. Johnson as a patient on October 5, and expects that he/she will continue treating Ms. Johnson for at least six more months.

Ms. Johnson is granted a disability exemption retroactively back to October. The client is not entitled to retroactive payments prior to October because she did not provide verification that she actively sought treatment for her illness prior to October.

Note: No TOA adjustments are necessary because the client was sanctioned and while in sanction status, time does not count towards the CalWORKs 60-month time limit.

Example 3

Mr. Smith has a prior sanction beginning February 1, 2010 that was cured May 31, 2013. On June 17, 2014, Mr. Smith submits the CW 2186A and the CW 61 indicating that he has been ill for several years and is unable to continue participating in WTW activities. The CW 61 indicates his disability onset date of January 2, 2007. The EC reviews the case as of January 2007 to determine if a retroactive exemption is appropriate.

During the review, the EC finds documentation that the client was given a CW 61 in 2007, 2009 and during noncompliance in 2010 and was given appropriate time to submit the form to the county. The doctor completed the form on June 15, 2014 and the client did not provide the form until June 17, 2014. Since verification was never submitted prior to June 17, 2014 and client did not notify his worker of delays in obtaining verification, the exemption is applied beginning June 2014. This situation does not demonstrate that the delay was beyond the client’s control.